Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceDefines the three forms a civil jury verdict can take in Oregon — a general verdict, a special verdict of written findings on each fact issue, or a general verdict paired with jury interrogatories — and sets special verdict rules for suits to recover specific personal property.
(1)A general verdict is that by which the jury pronounces generally upon all or any of the issues either in favor of the plaintiff or defendant.
(2)When a general verdict is found in favor of a party asserting a claim for the recovery of money, the jury shall also assess the amount of recovery. A specific designation by a jury that no amount of recovery shall be had complies with this subsection.
B.SPECIAL VERDICT The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event the court may submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives the right to a trial by jury of the issue so omitted unless before the jury retires such party demands its submission to the jury. As to an issue omitted without such demand, the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict.
C.GENERAL VERDICT ACCOMPANIED BY ANSWER TO INTERROGATORIES The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall give such explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories and to render a general verdict, and the court shall direct the jury both to make written answers and to render a general verdict. When the general verdict and the answers are harmonious, the appropriate judgment upon the verdict and the answers shall be entered. When the answers are consistent with each other but one or more is inconsistent with the general verdict, judgment may be entered in accordance with the answers, notwithstanding the general verdict, or the court may return the jury for further consideration of its answers and verdict or may order a new trial. When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, judgment shall not be entered, but the court shall return the jury for further consideration of its answers and verdict or shall order a new trial.
D.ACTION FOR SPECIFIC PERSONAL PROPERTY In an action for the recovery of specific personal property, where any party who alleges a right to possession of such property is not in possession at the time of trial, in addition to any general verdict or other special verdict, the court shall require the jury to return a special verdict in the form of (1) a special written finding on the issue of the right to possession of any party alleging a right to possession, and (2) an assessment of the value of the property.
Amendment History
[CCP 12/2/78]
Plain-English Summary
Rule 61 spells out the different shapes a jury's verdict can take. A general verdict is the familiar kind: the jury finds for the plaintiff or the defendant on the claims before it, and when it finds for a party seeking money damages, it also states the dollar amount, or, if it means to award nothing, it can say so directly.
The court can instead require a special verdict, where the jury doesn't pronounce a winner outright but answers a set of written questions on each disputed fact, through whatever format the court finds workable: categorical questions, forms for possible findings, or another method entirely. The court has to give the jury the explanation and instruction needed to answer those questions. If the court's questions leave out a factual issue that the pleadings or evidence raised, the parties lose their right to a jury verdict on that particular issue unless one of them demands it be submitted before the jury retires; if nobody demands it, the court can make its own finding on the missing issue, and if the court doesn't, the law treats the omission as though the court found in line with the judgment the special verdict supports.
A third option blends the two: the court can ask the jury for a general verdict together with written interrogatories on specific fact issues that bear on the outcome. When the general verdict and the interrogatory answers line up, judgment follows the verdict. When the answers agree with each other but conflict with the general verdict, the court can enter judgment based on the answers instead of the verdict, send the jury back to reconsider, or order a new trial. But when the answers conflict with each other, and at least one of them also conflicts with the general verdict, the court can't enter judgment at all; it has to send the jury back or start over with a new trial. Separately, in a suit to recover specific personal property where the party claiming a right to it doesn't have possession at trial, the court must also get a special verdict on who has the right to possess the property and what it's worth, on top of whatever general or special verdict the jury otherwise returns.
Frequently Asked Questions
What is the difference between a general verdict and a special verdict?
A general verdict is a direct finding for one party or the other, plus a dollar amount if money is awarded. A special verdict skips that direct pronouncement and instead has the jury answer written questions on each disputed fact, which the court then uses to determine the outcome.
Are the interrogatories in Rule 61 the same as discovery interrogatories sent to the other side?
No. These interrogatories are written questions posed to the jury alongside a general verdict, covering specific fact issues that bear on the outcome, not a discovery tool used to question the opposing party before trial.
What happens if the jury's answers to interrogatories conflict with its general verdict?
It depends on the kind of conflict. If the answers agree with each other but not with the verdict, the court can enter judgment on the answers instead, send the jury back to reconsider, or order a new trial. If the answers conflict with each other too, the court can't enter judgment at all; it must send the jury back or order a new trial.
Does a special verdict cover every disputed fact automatically?
Not necessarily. If the court's special-verdict questions leave out an issue the pleadings or evidence raised, a party has to demand that issue be submitted to the jury before it retires. Otherwise the right to a jury finding on it is waived, and the court decides it, or is deemed to have decided it consistent with the judgment.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 61). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. ·
Official source
Also known as:general verdict vs special verdict oregonjury interrogatories oregon civil casespecial verdict form oregonoregon civil jury verdict rules